Hot Topics:

Boulder owes man $260K for airport agreement, jury rules

City plans to appeal verdict concerning runway access

By Mitchell Byars Camera Staff Writer

Posted:
04/26/2013 03:44:08 PM MDT

Updated:
04/26/2013 03:51:32 PM MDT

Barry Barnow, photographed in 2012, looks for air traffic as he prepares to taxi his plane across the end of the runway at the Boulder Municipal Airport to his property via an over 50 year old easement in Boulder.
(
MARK LEFFINGWELL
)

A Boulder County jury ruled this week the city of Boulder must pay almost $260,000 to nix a longstanding agreement with a Boulder man that allows him to access the Boulder Municipal Airport from his nearby property.

After a four-day trial, the jury ruled that the city owes Barry Barnow, a pilot and owner of Boulder Valley Aviation, $259,900 for the access to the airport he has from his property at 5864 Rustic Knolls Drive.

"My interpretation is the jury was trying to tell the city something about their behavior throughout the process over these past six years," Barnow said Friday.

Barnow said he was "happy,' with Thursday's verdict, which comes after a long battle between him and the city over a "through the fence" agreement attached to the property, which Barnow bought in 2006. The city said the agreement -- which allows the property owner to taxi an aircraft directly to the airport runway -- posed a safety concern and did not comply with Federal Aviation Administration guidelines

After Barnow rejected both a $10,000 offer for the access agreement and a $350,000 offer for the entire property, the city decided to take the case to condemnation trial.

Advertisement

"We took this action because we wanted to make sure we complied with safety standards and in general with FAA rules and regulations," said Sarah Huntley, a spokeswoman with the city of Boulder. "We're definitely disappointed with the verdict. We believe the 'through the fence' agreement raises significant safety questions that we and the FAA have been seeking to address."

In 2009, the FAA decided that all such agreements should be eliminated, due to safety concerns. After some public outcry, the FAA created an interim policy that allows the use of the agreements as long as airports submit proof that the access meets federal requirements. That proof is required in order for airports such as Boulder's to receive FAA funds.

The city said in order for Barnow's agreement to meet regulations, it would have to build a taxiway from his property to the airport, so decided to instead take the matter to trial. The city valued the agreement's worth at $5,000 while Barnow estimated it's worth at $270,000.

"The city had maintained and still maintains, the 'through the fence' agreement did not contribute any value to the property." Huntley said. "The cost of building a taxiway to use the easement was over $1 million and that was cost-prohibitive."

Huntley said the city is considering an appeal. City attorneys said Boulder District Judge Maria Berkenkotter prevented the city from bringing in FAA experts to testify to the safety concerns of the agreement, but did allow Barnow's attorneys to call a former FAA employee who presented a dissenting opinion.

"We believe a ruling the judge made before this case went to trial had a significant impact on the jury's deliberation," Huntley said. "At this point we will look carefully at the ruling, and look very carefully at the law and make a decision probably by the end of May about whether we are going to appeal this ruling."

Barnow said he felt the judge's rulings were fair.

"I think she ran the trial with great expertise," he said of Berkenkotter.

In the meantime, the city has taken immediate possession of the access. Should the city decide not to appeal the case or lose the appeal, it will buy the access from Barnow for the $259,900.

"The city felt that it was necessary because of the immediate safety concerns," Huntley said. "If we are unable to prevail in an appeal or choose not to appeal, the city will purchase that agreement at that cost."

New coordinator pushes Buffs to work, play at level he expectsJim Leavitt has discovered this much about his new defense at Colorado: He has some talent with which to work, but his players need to put it in another gear. Full Story